For the purpose of this Contract, the following expressions shall bear the respective meaning set forth below:
a) SELLER: means “Dental Art spa”;
b) PURCHASER: means “natural or legal person who purchases the Seller’s goods in business activities;
c) GOODS OR PRODUCTS OR GOODS: means the products produced by the Seller or by any authorized supplier;
d) GENERAL SALES CONDITIONS AND/OR CONTRACT: means the present contract;
e) PARTY/PARTIES: means “Seller and/or Purchaser”.
6.1 The Seller guarantees capacity and quality characteristics of Products in accordance with this Contract.
6.2 The Seller's Warranty is valid for 12 (twelve) months from the date of shipment of the Goods (hereinafter referred as ‘Warranty Period’’). The delivery time is provided by the Incoterms ® 2020 clause which the Parties have agreed. In case of repair or replacement of defective parts of the Goods, due to the presence of which the Equipment could not be properly used, Warranty Period is extended for a time during which the Goods was idling because of defects found. In any case Warranty Period shall not exceed 15 (fifteen) months from the date of shipment.
6.3 In the event that the installaƟon of the Goods is carried out by the Seller, as set forth in art. 7.1, the warranty of the Goods shall be 20 (twenty) months from the date of testing of the Products ("Medium Warranty Period"), but may not exceed 24 (twenty-four) months from the delivery date of the Goods.
6.4 If the Purchaser, in addition to the testing of Products requested by the Purchaser to the Seller, signs a maintenance contract for the Products for a period of at least 36 (thirty-six) months from the date of testing, the warranty period will be 36 (thirty-six) months from the acceptance of the Products ("Period of Superior Warranty "), but may not exceed 40 (forty) months after delivery date of the Goods.
6.5 In case of withdrawal from the maintenance contract from a Party, when the maintenance contract has generated a "Superior Warranty Period", the warranty of the "Superior Warranty Period" shall cease to apply and from the time of withdrawal shall apply only the warranty of the "Medium Warranty Period" set forth by art. 6.3, unless 20 months have passed since the test of the Products or 24 months from the delivery date.
6.6 If any problem arises, during the Warranty Period, the Purchaser shall, in the first place, communicate the defects found to the customer service of the Seller via e-mail email@example.com The Seller shall promptly verify the claim and then provide to give all the necessary instructions to Purchaser’s technical staff. The Parties expressly agree that if the Purchaser fails to contact the Seller’s customer service, the Seller will be released from the obligation of granting any kind of warranty in favour of the Purchaser.
6.7 If instructions given by the Seller’s customer service are not enough to solve the problems occurred then the Purchaser shall, (sub poena of forfeiture of the warranty) in writing by fax or by any other written mean with proof of reception by the Seller, any of non-compliance or defects discovered, within and not later than 15 (fifteen) days from the date of discovery of the deficiency. The burden of proving the date of the relevant discovery lies with the Purcharser La Meccanica srl di Reffo: General Terms and Conditions of Sales pg.3/7 chaser. In such notification the Purchaser should indicate in detail such deficiencies and the Seller shall value the possibility to resolve the matter repairing or, at its sole discretion, replacing, free of charge the parts, components etc found to be not in compliance with the Contract. If needed or required by the Seller, the Purchaser bears all transport costs for the return to Seller’s premises of the defective parts/components.Spare parts shall be sent by the Seller to the Purchaser with delivery clauses CIF or CIP Incoterms ® 2020.
6.8 If required by the Seller, the Parties shall participate, on the site in which the Goods are operating, in drawing up an act attesting the revealed defects of the Goods and for the processing of written arrangement of procedure and time of its elimination as well. Both the Parties shall ensure the presence of their authorized representative at the place of location of the Goods not later than 30 (thirty) working days from the date the written notice to the Purchaser by the Seller. The mentioned act should be agreed by the Seller's representative and the Purchaser’s representatives not later than 3 (three) working days from the date of arrival of the Seller's representative, if other time is not fixed by the Seller and the Purchaser by force of necessity. In the event that, due to reasons attributable to the Purchaser, the Seller may not access the site where the defective Goods are located within 3 (three) days of its arrival, the Goods warranty shall cease to produce effects.
6.9 In case of visit of the site by the Seller provided for in article 6.9 the Goods should be found:
a) in compliance with the Contract;
b) defected but for reasons not attributable to the Seller.
6.10 The Purchaser shall reimburse to the Seller all sustained costs for the activities required by the Purchaser and specified in above article 6.8 and article 6.9 in the case the Goods are not defected for reasons attributable to the Seller.
6.11 If the Seller does not eliminate the defects of the Goods in the agreed time, the Purchaser shall have the right to eliminate the revealed defects of the Goods independently or through engaging a third party charging the Seller with the expenses to eliminate it. It is agreed that such third party shall prepare a detailed estimate of the costs which should be reasonable also in accordance with the normal tariff applied by the Seller. ln any case, the huge amount of these expenses shall not exceed 10% (ten percent) of Total Contract Price. Third party shall undertake to guarantee the equipment to the Purchaser.
6.12 In the event of defects of the Goods discovered during the Warranty Period, the Purchaser shall neither independently nor through third parties carry out any repair work without prior written consent of the Seller sub poena of forfeiture of the warranty.
6.13 Seller shall not be held liable and the warranty shall not apply for defects and/or damage attributable to the following causes: unsuitable or improper use or use of the Equipment beyond the normal use or outside the use specified in the Contract, faulty operation by Purchaser or its personnel, improper or careless handling (particularly overloading), unsuitable working materials, substitute materials, faulty civil construction, unsuitable building sites, influence of chemicals, electro-chemical or electrical nature; any other cause not ascribable to Seller’s negligence.
6.14 Where the Seller is entrusted with the supervision of installation, the Seller shall be liable for defects and/or failures to fulfil performance of the Contract only where the Purchaser should prove that these not non-compliances are exclusively attributable to wilful misconduct of the Seller in the instruction.
6.15 Except for causes of fraud, the reimbursement of any damage claimed by the Purchaser due to the fact attributable to the Seller shall not, in any case, exceed the corresponding amount of the parts, components etc. of the Products which was found defective.
6.16 The labor costs for the installation of the Goods subject to warranty and any transport costs shall be borne by the Purchaser.
6.17 The Seller's warranty obligations shall only apply if the Seller may verify the existence of the defects disputed by the Purchaser.
6.18 The warranty does not apply in the event of failure, delay or partial payment by the Purchaser and in the event that the Purchaser has not used original spare parts supplied exclusively by the Seller.